Tag: Alabama

  • Alabama Senate Pass Public Buildings Vaping Ban

    Alabama Senate Pass Public Buildings Vaping Ban

    Credit: Allard1

    The Alabama Senate voted to pass legislation that would ban vaping inside public buildings.

    The Alabama Clean Indoor Air Act already bans the smoking of cigarettes, pipes, and other methods of smoking tobacco from public buildings including schools, police stations, city halls, and courthouses, according to media reports. This legislation would expand that prohibition to include vapes and other electronic tobacco delivery systems.

    “Under the existing law, the Alabama Clean Indoor Air Act prohibits the smoking of tobacco products in most public places and in public meetings,” said Sen. Gerald Allen. “This piece of legislation would prohibit the smoking of electronic nicotine delivery systems in the same manner as the smoking of tobacco products is prohibited.”

    SB37 now goes to the Alabama House of Representatives for their consideration.

  • Alabama Governor Expected to Sign Possession Ban

    Alabama Governor Expected to Sign Possession Ban

    Credit: David Mark

    In Alabama, a bill to place the same restrictions on vaping products as are on tobacco products has unanimously passed both the house and senate and is headed to Governor Kay Ivey for her signature.

    The bill bans the possession of vaping products and devices by people under 21.

    “This is a tremendous first-step to help end underage vaping,” a spokesperson said, according to media. “We want parents, educators, coaches and others to have the authority to take away vapes from young people.

    “It allows law enforcement to seize vapes without having to conduct expensive tests to determine whether the device contains an illegal substance. Simple possession constitutes a violation.”

  • Alabama Vape Registry Offers Louisianna Preview

    Alabama Vape Registry Offers Louisianna Preview

    Credit: Jet City Image

    A Louisiana state court has put the brakes on the state’s release of its official vaping and e-cigarette registry. However, Alabama’s registry, which has been active since spring 2022, may offer some insight into what products Louisiana will allow on the market.

    Passed earlier this year, Louisiana’s new law bans retailers from selling vape products not listed on a state-approved registry, known as the V.A.P.E. Directory. To receive authorization, products need a marketing order from the U.S. Food and Drug Administration or must meet one of several narrow exceptions, which favor products that have been on the market since at least 2016.

    It’s still unclear which products will be listed in the directory, but Louisiana’s new law mirrors one that’s already in effect in Alabama, which has been keeping a similar list of pre-approved vaping and e-cigarette products, called the Electronic Nicotine Delivery Systems Products Directory, for over a year.

    There are 1,602 vaping, e-cigarette, and alternative nicotine products listed in Alabama’s directory, meaning that many products can still be legally sold in the state, according to NOLA.com. On it are several kinds of JUUL products, various flavors of ZYN nicotine Pouches, Vuse, NJOY and BIDI Stick products.

    Missing from the list are several massively popular disposable vapes, including Elf Bars, Puff Bars and EscoBars.

    To check out the products on Alabama’s list for yourself, go to the Alabama Department of Revenue’s website.

    • Click the green box at the top right corner of the homepage that says “MyAlabamaTaxes.”
    • Scroll to the “Businesses” section, and click “View or upload a report.” 
    • Under “Tobacco Reports,” click “ENDS Product Directory.” 
    • Click the green “Search” button for every product in Alabama’s directory. Or toggle the “Manufacturer” or “Product” buttons and then search for the products you’re interested in.

    If the product you search for does not appear on the list, it is not authorized for sale in Alabama and likely will not be authorized for sale in Louisiana, according to sources. 

  • Alabama State Senate Doesn’t Vote on Vape Rules

    Alabama State Senate Doesn’t Vote on Vape Rules

    Credit: David Mark

    Legislation that would establish new fines, fees, and regulations related to the vaping industry in the U.S. state of Alabama wasn’t voted on by the state’s Senate after a lengthy discussion on the bill Thursday.

    The legislation was ultimately carried over at the call of the chair and could come up again on the Senate floor on Tuesday, the final day of the legislative session. The bill passed the House on May 16 by a margin of 100-1. State Rep. Arnold Mooney (R-Indian Springs) was the lone ‘no’ vote.

    House Bill 319 (HB 319) by State Rep. Barbara Drummond (D-Mobile) and State Sen. Garlan Gudger (R-Cullman) makes it illegal for retailers to sell all vape products to youth under 21, makes it illegal for youth under 21 to purchase, use and possess and transport all vaping products; requires all vape products to be placed in an area not accessible to individuals under 21, identifies and regulates the specialty retailers of electronic nicotine, and creates a tobacco licensing and compliance fund for tobacco and nicotine prevention, education and operational costs.

    The bill is opposed by public health groups such as the American Cancer Society, American Lung Association, and the American Heart Association due to the legislation continuing to “allow the tobacco industry and its retailers to run rampant across Alabama,” according to a letter from those groups and others sent to lawmakers on May 11.

    Gudger told reporters on Thursday, “There’s different organizations and associations that are opposed to our anti-vaping bill for the fact that you have to be 100 percent all for what they want or nothing at all.”

    Under the legislation, manufacturers wishing to sell vaping products in Alabama would have to state in writing to the state under the penalty of perjury that the product does not contain any synthetic nicotine or “nicotine derived from a source other than tobacco.”

    Jon Roundy, a vape shop owner and chief information officer with Breathe Easier Alliance of Alabama, an advocacy group that represents vaping retailers and consumers, told 1819 News in an interview on Friday that the legislation as written unfairly burdens small vapor companies and “big tobacco continues to sell their products indiscriminately without facing similar restrictions.”

    “If this bill were to pass in its current state, I would be out of business in under ninety days and have no idea how I would pay back the federal (Economic Injury Disaster) loan I took out to save our company during (Covid-19),” Roundy said. “We purchased legal product during that time which the state will essentially make illegal. If they pass this, we’ll go bankrupt.”

    Roundy said the “bill removes consumer choice.”

    According to a fiscal note on the legislation, the bill would increase personnel and inspection costs of the Alcoholic Beverage Control (ABC) board by a minimum of $805,000 annually. Those costs would be offset by a minimum of $900,000 annually in new receipts to the Tobacco Licensing and Compliance Fund created by the bill for operational costs and prevention education.

    The funding would come from $50 one-time filing fees, $150 annual permit fees, and $50 transfer fees, receipts from new and increased fines, penalties, and fees levied by the legislation.

    The bill would also increase revenue to the Public Safety Fund by a minimum of $300,000 annually from new permit fees in the legislation.

    State Sen. Tim Melson (R-Florence) said on the Senate floor on Thursday he’d be voting against the bill until he gets more information.

  • Bill to Toughen Vape Rules Heads to Alabama Senate

    Bill to Toughen Vape Rules Heads to Alabama Senate

    Credit: Allard1

    The House of Representatives in the U.S. state of Alabama approved a bill to tighten restrictions on vaping products.

    The bill makes it illegal for retailers to sell all vaping products to people under 21 years old. It also expands the definition of an electronic nicotine delivery system to include any product that delivers substances other than tobacco, according to WSFA.

    Vending machines that sell tobacco in places that allow people who are younger than 21 years old to purchase it are also banned.

    “It identifies the products that do not contain nicotine so that they can be regulated along with everything else. It regulates the sale of e-liquid,” Rep. Barbara Drummond said.

    There was only one no-vote from the representatives.

    The bill now moves to a Senate committee for further consideration.

    A state senator in Alabama last week introduced a bill last week that would make it illegal for minors to be in possession of vapes, according to a release from the Drug Education Council.

  • Alabama Bill Would Make Youth Possession Illegal

    Alabama Bill Would Make Youth Possession Illegal

    A state senator in Alabama introduced a bill last week that would make it illegal for minors to be in possession of vapes, according to a release from the Drug Education Council.

    The bill, introduced by Senator Vivian Figures, received bipartisan support and was “co-sponsored by 100 percent of the state senators present,” according to the release.

    The bill is an amendment to Section 28-11-14 of the Code of Alabama 1975, reports WRBL. It makes in unlawful for any individual under the age of 21 to purchase, use or transport any “electronic battery-powered device capable of being used to deliver the following:

    • e-liquid
    • e-liquid substitute
    • tobacco
    • CBD oil
    • THC oil
    • herbal extract
    • nicotine salt

    The bill also says that “a violation is committed upon mere possession” of any vaping device, regardless of what is in it, according to the release.

    No potential penalties were announced as of this writing.

  • Alabama Set to Ban Vaping, Smoking in Car With Kids

    Alabama Set to Ban Vaping, Smoking in Car With Kids

    Credit: Fantastic Rabbit

    The Alabama Legislature passed a bill this week that bans smoking or vaping in a car with children 14 years old and younger.

    House Bill 3 was created by Birmingham Representative Rolanda Hollis. She says she’s pushed for this for six years now.

    The bill makes it illegal to smoke or vape inside a car with the windows up or down, whether it’s on or off. A violation of this can result in a $100 fine, according to WBRC.

    “We’re going to save these kids from having bad allergies, having respiratory issues and everything that goes along with second-hand smoke,” said Hollis. “Even saving them from, as they go along in life, from getting cancer.”

    The bill is now waiting on the governor’s signature to make it law.

  • Alabama Medical Marijuana Bill Faces Filibuster

    Alabama Medical Marijuana Bill Faces Filibuster

    Legislation to authorize medical marijuana in Alabama stalled Tuesday in the state House of Representatives after Republican opponents used a filibuster to at least temporarily delay a vote.

    Credit: Sharon McCutcheon

    Representatives adjourned shortly before midnight without a vote after nearly 10 hours of debate on the Senate-passed bill. The bill is expected to return to the House floor on Thursday, according to the AP.

    The lengthy debate brought impassioned discussion that included lawmakers expressing fervent opposition or how they changed their minds on the issue after the illnesses of family members

    The bill would allow people with a qualifying medical condition to purchase marijuana after getting a recommendation from a doctor. More than a dozen conditions, including cancer, a terminal illness, depression, epilepsy, panic disorder and chronic pain would allow a person to qualify. The bill would allow marijuana in forms such as pills, skin patches and creams but not in smoking or vaping products.

  • Alabama Passes Vape Bill With Heavy Restrictions

    Alabama Passes Vape Bill With Heavy Restrictions

    The Alabama House of Representatives passed a vaping bill that will prevent vape manufactures and retailers from using advertising techniques designed to appeal to young people, such as incorporating characters from comic books in ad campaigns. It would also prevent makers of vape pods and cartridges from claiming the taste of their product resembled “candies, cakes, or other sugary treats.”

    Credit: David Mark

    The legislation, HB 273, also changes Alabama’s law to mirror the federally established age to purchase vaping products, 21. The bill would require the Alabama Department of Revenue to build and maintain a directory of businesses that sell and manufacture vape cartridges, e-liquids and any alternative nicotine product in Alabama. Furthermore, it would require the relevant businesses to pay for certification in the directory.

    Selling vape cartridges and e-cigarettes in vending machines would be banned under HB 273. Manufacturers and retailers of nicotine products like vapes and e-cigarettes will also be required to post notices about the dangers of their usage, such as exposure to toxic metals. All locations selling vapes and any nicotine delivery system would be required to post a prominent sign near where customers check out that displays 21 as the legal age to buy nicotine products.

    The bill is sponsored by Rep. Barbara Drummond (D-Mobile). Two Republican members, Reps. Debbie Wood (R-Valley) and David Faulkner (R-Mountain Brook), are among the cosponsors of the legislation. It passed the House on a bipartisan vote of 74-18 with two abstentions. They say the bill is designed to reduce the use of e-cigarettes and vaporizers among young people.

    “My issue has always been to safeguard the welfare of young people,” Drummond said on the floor about her proposed law, according to the Yellow Hammer News.

    Each business entity that deals with vaping would have to pay the state an initial $2,000 certification fee, and each subsequent year would have to pay a $500 renewal for continued certification. Funds from the fees would go to implementing and maintaining the directory.

    “There are some bad actors out there selling this stuff illegally right now,” noted Drummond about the need for a registry, further explaining that the registry makes the job of law enforcement easier.

  • Alabama House Passes Bill to Raise Age to Vape to 21

    Alabama House Passes Bill to Raise Age to Vape to 21

    A proposal to raise the legal age to buy cigarettes and certain vaping devices is being considered by the Alabama Senate after lawmakers in the Alabama House of Representatives passed the resolution by a vote of 74 to 18.

    Credit: David Mark

    State representatives returned to work Tuesday after taking a vacation last week. The bill to raise the legal age to buy products with nicotine from 19 to 21 was one of the first bills on the agenda in the state House. It’s sponsored by Representatives Barbara Drummond [D], Napoleon Bracy [D], Merika Coleman-Evans [D], David Faulkner [R], Ralph Howard [D] and Debbie Wood [R].

    House Bill 273’s text says “Under existing law, an individual under the age of 19 may not purchase, possess, or transport tobacco products, electronic nicotine delivery systems, or alternative nicotine products.”